RAVI Vs. STATE REP

JUDGEMENT

(1.) Accused 1 to 4 in S.C.30/96 on the file of Additional Sessions Judge, Pondicherry at Karaikal are the appellants. By the judgment dated 27.3.97 the learned Additional Sessions Judge convicted the Appellants/A1 to A4 under Section 395 I.P.C and sentenced them to undergo rigorous imprisonment for four years.

(2.) Case of the prosecution could briefly be stated thus: Complainant-Mohamed Basil was employed with one K.M.S. Madharsha of Door No.159, V.M. Street, Thiruvellikeni. Complainant was employed to disburse money to the parties. On the night of 25.3.96, his employer Madharsha had given Mohamed Basil Rs.1,05,000/- (Rs.100/- Currency Notes 10 Bundles and Rs.50/- Currency Notes-one bundle) to be handed over to one Muslim lady near Karaikal-Ambagarathur.

(3.) Complainant-Mohamed Basil kept the currency bundles in a cloth pouch, tied and hidden it along his waist. On the night of 25.3.96, the complainant proceeded from Madras. On the early morning at about 5.30 a.m on 26.3.96 in Mayavaram the complainant finished his morning tiffin. At about 10.00 a.m, the complainant was proceeding in the Main Road Ambagarathur in front of the house of Chandraboss. At that time, accused 1 to 4 and the absconding accused Rajou came down from the Car bearing Registration No.TN-51-Z-2442 (M.O.1) and stopped near him. A1 to A4 and the absconding accused snatched the cloth belt pouch from the complainant containing Rs.1,05,000/- and took to their heels to get into the standby car. A4-Jayaraman was waiting near the car to start the same. Complainant Mohamed Basil started to shout. P.W.1-Ramakrishnan-Home Guard and P.W.6-Selvaraj-Constable were on Panthobust Duty in connection with Ambagarathur Kaliamman Temple. Upon hearing the voice raised by Complainant-Mohamed Basil, P.Ws.1 and 6 and P.Ws.3 and 4 went near the scene. On seeing the public, A4-Jayaraman ran away from the scene of occurrence. A1 to A3 and the absconding accused Rajou were brought to Ambagarathur Police Station by P.Ws.1, 3, 4 and 6 along with the Car-M.O.1 and M.O.2-Pouch containing Rs.1,05,000/-.